Do you have to take a breathalyzer if you are in the car but you aren't driving??

Question

okay, so the reason i asked is because when we were pulled over, the driver hadn't been drinking at all and was willing to submit to a breathalyzer. the cop asked my friend to take one and she was in the back seat. granted, she had been drinking and she was underage but i looked everywhere on the internet and it said nothing about passengers taking a breathalyzer.

Answer 1

.   It's possible that either a)  there was a worry that people had switched seats with the driver and it would be important to document the Blood Alcohol Level in case the driver later swore he wasn't drinking and she was  or b)  she could get arrested for public intox or Minor in Possession.   So she should take it or she's going in for a blood test.

Answer 2

A passenger may be asked to take a "breathalyzer" and like the driver the passenger may refuse. This is more to check to see if anyone in the vehicle is drinking and they may do it if you are underage. Refusal may result in a blood test.

Answer 3

Laws vary among states, but essentially under the Implied Consent clause, a driver is expected to submit to a breathalyzer test upon request by an officer.  Although it is expected, a driver does NOT have to submit, and can refuse.  The penalty for refusal has nothing to do with drunk driving.  His license is simply suspended for a duration specified by state law.  However, the officer can arrest the driver for suspected intoxication and while under arrest, the driver can be compelled to submit to a test.  So it seems, what's the diff???  Except for more complications?  The complications exist to serve all parties in a court action, both the driver as well as law enforcement.

Which brings us back to the passenger.  Since there is no Implied Consent to submit to a breathalyzer test when NOT driving, you can refuse to take the test without penalty to your license.  (Out of 50 states, there may be one or two where that statement is untrue.)  Now, whether or not an officer is inclined to arrest you, since you weren't driving, the burden of proof is much higher that you presented some kind of danger to the public or yourself, and not that you were dimply drunk.

Answer 4

In my state, and in most states, you can be DUI in a parked car under some circumstances.  If the officer has grounds to believe you are DUI and you refuse the test, you get an automatic license suspension.  Then you go to jail where a lab tech takes your blood with or without your consent.   If you are talking about a passenger, that is different.

Answer 5

If you are under 21, and the officer has reason to suspect you are drinking, the officer can request a breath test.

If the driver is arrested, I will offer a breath test to the passenger to see if they are fit to drive the car. If they refuse, I tow the car.  

Answer 6

No,

not if you're over 21 years old..

Answer 7

well as far as it goes here in Florida...you can refuse a breathalyzer even if you are the driver. As far as being a passenger,I can't see how they could make you take one,but each state has its own laws.

Answer 8

No you do not.  If you are underage especially you should not take it.  Just let them call your parents.  Don't submit to any testing without an attorney or you can get screwed.  Never trust a cop.

Answer 9

Yes. Anyone in the vehicle can be a possible offender. Public intoxication is a crime.